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PEOPLE v. BURNS

155 A.D.2d 292 (1989)

The People of the State of New York, Respondent, v. Gloria Burns, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 1989

Defendant's argument that her guilt was not proven beyond a reasonable doubt because of the existence of conflicting medical testimony is without merit. It is the duty of the trier of fact to evaluate and resolve conflicting medical testimony and that determination generally should not be disturbed on appeal. (People v Rock, 49 A.D.2d 666, affd 42 N.Y.2d 845.) Further, defendant has failed...

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